{\rtf1\ansi\ansicpg1252\deff0\deflang1033{\fonttbl{\f0\fnil\fcharset0 Microsoft Sans Serif;}{\f1\froman\fprq2\fcharset0 Times New Roman;}} {\colortbl ;\red0\green0\blue0;\red255\green255\blue255;} \viewkind4\uc1\pard\f0\fs17\par \par Otay Mesa Energy Center, LLC as of 3/2/2017\par Electric MBR\par FERC Electric Tariffs\par Effective Date:\tab\tab 07/23/2010\tab\tab\tab\tab Status:\tab\tab\tab Effective\par FERC Docket:\tab\tab ER10-01947-000\tab 1\par FERC Order:\tab\tab DLO\tab\tab\tab\tab Order Date:\tab\tab 08/24/2010\par Market-Based Rate Tariff, FERC Electric Tariff Volume No. 1, 0.0.0\tab A\par \par \pard\cbpat2\fi-720\li720\sb1920\qc\cf1\expndtw6\b\f1\fs24 OTAY MESA ENERGY CENTER, LLC\par \pard\cbpat2\fi-720\li720\sb240\qc Market-Based Rate Tariff\par \pard\cbpat2\fi-720\li720\qc\par \pard\cbpat2\fi-720\li720\qj\b0 1.\tab\ul Availability\ulnone : Otay Mesa Energy Center, LLC (\ldblquote Seller\rdblquote ) will make wholesale \expndtw2 electric energy, capacity, and ancillary services available under this Tariff, except as prohibited below:\par \cf0\expndtw0\par \pard\cbpat2\li720\sa240\qj\cf1\expndtw2\ul RTO/ISO Specific\par Midwest ISO\ulnone : Seller offers regulation service and operating reserve service (which include 10-minute spinning reserve and 10-minute supplemental reserve) for sale to the Midwest Independent Transmission System Operator, Inc. (\ldblquote Midwest ISO\rdblquote ) and to others that are self-supplying ancillary services to Midwest ISO.\cf0\expndtw0\par \cf1\expndtw2\ul PJM\ulnone : Seller offers regulation and frequency response service, energy imbalance service, \expndtw5 and operating reserve service (which includes spinning, 10-minute, and 30-minute \expndtw2 reserves) for sale into the market administered by PJM Interconnection, L.L.C. (\ldblquote PJM\rdblquote ) \expndtw3 and, where the PJM Open Access Transmission Tariff permits, the self-supply of these services to purchasers for a bilateral sale that is used to satisfy the ancillary services \expndtw1 requirements of the PJM Office of Interconnection.\cf0\expndtw0\par \cf1\expndtw7\ul New York\ulnone : Seller offers \expndtw2 regulation\expndtw7 and frequency response service, and operating \expndtw6 reserve service (which includes 10-minute non-synchronous, 30-minute operating \expndtw2 reserves, 10-minute spinning reserves, and 10-minute non-spinning reserves) for sale to \expndtw3 purchasers in the market administered by the New York Independent System Operator, \expndtw-1 Inc.\cf0\expndtw0\par \cf1\expndtw7\ul New England\ulnone : Seller offers regulation and frequency response service (automatic \expndtw1 generator control), operating reserve service (which includes 10-minute spinning reserve, \expndtw2 10-minute non-spinning reserve, and 30-minute operating reserve service) to purchasers within the markets administered by the ISO New England, Inc.\cf0\expndtw0\par \cf1\expndtw2\ul California\ulnone : Seller offers regulation service, spinning reserve service, and non-spinning \expndtw3 reserve service to the California Independent System Operator Corporation (\ldblquote CAISO\rdblquote ) \expndtw2 and to others that are self-supplying ancillary services to the CAISO.\cf0\expndtw0\par \cf1\expndtw2\ul Third Party Provider\cf0\expndtw0\ulnone\par \cf1\expndtw2 Third-party ancillary services include: Regulation Service, Energy Imbalance Service, Spinning Reserves, and Supplemental Reserves. Sales will not include the following: (1) sales to an RTO or an ISO, \i i.e., \i0 where that entity has no ability to self-supply ancillary services but instead depends on third parties; (2) sales to a traditional, franchised public utility affiliated with the third-party supplier, or sales where the underlying transmission \expndtw3 service is on the system of the public utility affiliated with the third-party supplier; and (3) sales to a public utility that is purchasing ancillary services to satisfy its own open \expndtw2 access transmission tariff requirements to offer ancillary services to its own customers.\par \pard\cbpat2\fi-720\li720\sa240\qj\expndtw3 2.\tab\ul Applicability\ulnone : This schedule is applicable to all wholesale \expndtw2 sales\expndtw3 of energy, capacity, and \expndtw1 ancillary services by Seller not otherwise subject to a particular tariff of Seller.\par 3.\tab\expndtw4\ul Rates\ulnone : All sales shall be made at rates \expndtw2 established\expndtw4 by agreement between the purchaser \expndtw0 and Seller.\par \expndtw6 4.\tab\ul Other Terms and Conditions\ulnone : All other \expndtw2 terms\expndtw6 and conditions shall be established by \expndtw2 agreement\expndtw1 \expndtw2 between\expndtw1 \expndtw2 the\expndtw1 \expndtw2 purchaser\expndtw1 \expndtw2 and\expndtw1 Seller.\par 5.\tab\ul Compliance with Commission Regulations\ulnone : Seller \expndtw2 shall\expndtw1 comply with the provisions of 18 \expndtw2 CFR Part 35, Subpart H, as applicable, and with any conditions the Commission imposes \expndtw4 in its orders concerning Seller's market-based rate authority, including orders in which \expndtw12 the Commission authorizes Seller to engage in affiliate sales under this Tariff or \expndtw4 otherwise restricts or limits the Seller's market-based rate authority. Failure to comply \expndtw3 with the applicable provisions of 18 CFR Part 35, Subpart H, and with any orders of the \expndtw4 Commission concerning Seller's market-based rate authority, will constitute a violation \expndtw0 of this Tariff.\par \expndtw3 6.\tab\ul Limitations and Exemptions Regarding Market-Based Rate Authority\ulnone : The Commission \expndtw4 has granted Seller in \i Otay Mesa Energy Center, LLC\i0 , Docket No. \cf0\expndtw0 ER09-71-000, the following limitations and exemptions: (i) waivers of Parts 41, 101 and 141 of the Commission\rquote s accounting and periodic reporting requirements, (ii)\cf1\expndtw15 waivers of Subparts B and C of Part 35 of the Commission's \expndtw8 regulations requiring the filing of cost-of-service information, except as to sections \expndtw11 35.12(a), 35.13(b), 35.15, and 35.16, and (iii) blanket authorization for all future \expndtw1 issuances of securities or assumptions of liabilities pursuant to Section 204 of the Federal \expndtw2 Power Act, 16 U.S.C. \'a7 824e, and Part 34 of the Commission's regulations.\par \pard\cbpat2\fi-720\li720\sa240\qj\tx0\expndtw11 7.\tab\expndtw2\ul Seller Category\ulnone : Seller is a Category 2 seller, as defined in 18 CFR \'a7 35.36(a).\par 8.\tab\expndtw11\ul Effective Date\ulnone : This Tariff is \expndtw2 effective\expndtw11 December 17, 2008\expndtw2 . \par \pard\par \cf0\expndtw0\par \pard\f0\fs17\par }